Status: 20.12.2023, 05:03 a.m.
By: Stefan Krieger
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Former U.S. President Donald Trump will not be allowed to participate in next year's presidential primaries in the state of Colorado, according to a court ruling.
Denver – It was a close call, but it could be one of great political reach: By a vote of 4-3, the Colorado Supreme Court has excluded former U.S. President Donald Trump from the 2024 primaries. The court declared Trump "ineligible for election" for the White House on Tuesday (19 December, local time), citing the insurrection clause of the US Constitution. Because of his role in the storming of the U.S. Capitol by his supporters on January 6, 2021, the Republican frontrunner is barred from participating in next year's primaries, the statement said.
The court's decision is a novelty. It is the first time that a presidential candidate has been deemed unfit for office due to a rarely applied provision that excludes insurgents from holding official office. "A majority of the court believes that Trump is unfit to serve as president under Section 3 of the 14th Amendment," the court, whose judges were all appointed by Democratic governors, wrote in its ruling.
Republican presidential candidate and former U.S. President Donald Trump at a campaign rally on Dec. 19, 2023, in Waterloo, Iowa. © SCOTT OLSON/AFP
Court justifies decision with support for the uprising
"President Trump did not just instigate the insurrection," the court's statement reads. "Even when the siege of the Capitol was in full swing, he continued to support it. He also did so by repeatedly calling on Vice President Pence to refuse to do his constitutional duty and by calling on senators to persuade them to stop counting the votes." The court concludes that "these acts constituted open, voluntary and direct participation in the insurrection."
The decision thus overturned the judgment of a judge of a lower instance. He was of the opinion that Trump was involved in an insurrection by inciting his supporters to violence, but that as president he was not an "officer of the United States" who could be disqualified by the amendment. The case was brought forward by a group of Colorado voters with the support of the group Citizens for Responsibility and Ethics in Washington (CREW). The president of CREW, Noah Bookbinder, said the court's decision was "not only historic and justified, but also necessary to protect the future of democracy in our country."
Trump wants to appeal
The reaction was not long in coming after the decision. Trump's campaign team called the court's decision "flawed" and "undemocratic" and announced an appeal to the Supreme Court. The U.S. Supreme Court has a conservative majority of six to three, including three Trump-appointed members.
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Ronna McDaniel, the chairwoman of the Republican National Committee (RNC), called the decision "election interference" in a post on social media. She added that the RNC's legal team is "looking forward to fighting for a victory."
Vivek Ramaswamy, who along with Trump is one of the possible Republican presidential candidates, called the court's action "a real attack on democracy." Ramaswamy announced that he would withdraw from the Republican primaries in Colorado and called on other candidates — Ron DeSantis, Chris Christie and Nikki Haley — to do the same if Trump is not allowed on the ballot.
"The creators of the 14th Amendment would be horrified to see this narrow provision being used as a weapon to prevent a former president from running for re-election," Ramaswamy said.
While the ruling only applies to the March 5 Republican primary in Colorado, it could also have an impact on Trump's situation in the U.S. general election on November 5, 2024. Impartial U.S. election researchers believe Colorado is firmly in Democratic hands, but courts in other states could follow the ruling. However, lawsuits similar to those in Colorado had previously been dismissed in Minnesota and New Hampshire on procedural grounds. (skr)